Practice ‘active listening’ to best advocate for your clients

I am not sure if others find themselves telling their clients “no” or “you shouldn’t do that” or uttering any other phrase that a client might not want to hear. I know I find myself doing so. How the client reacts depends on how the statement is presented and on the personality of the specific client.

That is why I believe that as attorneys it is extremely important for us to be active listeners, not only with our clients but with opposing counsel. According to Wikipedia, “active listening” is a technique used in counseling, training and dispute or conflict resolution and requires the listener to concentrate fully, understand, respond and then remember what was said.

That is, you should give your interlocutor your full attention instead of readying your response while the person is still talking – that’s known as “ambushing,” or listening to someone else’s argument for its weaknesses while ignoring its strengths.

Active listening can also be referred to as “empathic listening,” or giving people an outlet for their emotions. When people are allowed to talk about what they are experiencing, they will in turn be more open to accepting new perspectives on the topic with which they are having difficulties.

When using active listening skills, you are not listening only to what the speaker is saying. You are also paying close attention to his or her behavior and body language. Being able to interpret a person’s body language lets you develop a more accurate understanding of the speaker’s message.

Active listening techniques are used to improve personal communications within organizations. Listeners put aside their own emotions and ask questions and paraphrase what the speaker has said to clarify and gain a better understanding of what the speaker intends to say. Judging or arguing prematurely means you are holding on to a strictly personal opinion, which hinders your ability to listen closely to what is really being said.

I find that the more I am able to truly be an active listener, the more my client hears my responses/suggestions/advice with an open mind – and is perhaps more accepting, or at least understanding, of why I am saying what I’m saying. This in turn allows the attorney-client relationship to stay congenial, which is key when trying to advocate properly for your client.